WVC 3 - 4 A- 9 A
§3-4A-9a. Authorization for ballot-marking voting systems; minimum
requirements.
(a) For purposes of this section, "ballot-marking accessible
voting system" means a device which allows voters, including voters
with disabilities, to mark an optical scanning or mark-sensing
voting system ballot, privately and independently. The
ballot-marking device is capable of marking voter selections on an
optically readable or mark-sensing ballot which shall be
subsequently read and tallied on state certified optically readable
or mark-sensing ballot tabulating and reporting systems. Counties
are hereby permitted to obtain and employ ballot-marking accessible
voting systems that are approved by the State Election Commission.

(b) The ballot-marking accessible voting device shall be a
completely integrated ballot-marking device that is designed to
allow voters to either view ballot choices through a high
resolution visual display or listen to ballot choices with
headphones and then enter ballot selections directly through
specially designed, integrated accessibility devices.

(c) Ballot-marking accessible voting systems may be used for
the purpose of marking or scanning optically readable or
mark-sensing ballots cast in all general, special and primary
elections and shall meet the following specific requirements:

(1) The ballot-marking accessible voting system, system
firmware and programming software must be certified by an
independent testing authority, according to current federal voting system standards and be approved by the State Election Commission
prior to entering into any contract.

(2) The ballot-marking accessible voting system shall,
additionally:

(A) Alert the voter if the voter has made more ballot
selections than the law allows for an individual office or ballot
issue;

(B) Alert the voter if the voter has made fewer ballot
selections than the law allows for an individual office or ballot
issue;

(C) Allow the voter to independently review all ballot choices
and make any corrections, before the ballot is marked;

(D) Provide the voter with the opportunity to make a write-in
ballot choice, where allowed by state law;

(E) Allow voters with disabilities to mark their ballots, in
complete independence, and in conformity with both federal and
state law concerning mandatory accessibility for disabled persons;

(G) Provide voters with an opportunity to change ballot
selections, or correct errors, before the ballot is marked for
voting, including the opportunity to correct the error through the
issuance of a replacement ballot if the voter was otherwise unable
to change the ballot or correct the error;

(H) Provide voters with the ability to view all ballot selections through a high resolution visual display or to have all
ballot selections read to the voter through headphones;

(I) Ensure complete ballot privacy, while employing the
ballot-marking audio system and providing the voter with the option
to turn off the visual ballot display;

(K) Include the ability for a voter to employ a sip/puff
device to enter ballot choices;

(L) Allow the voter to magnify all ballot choices and to
adjust both the volume of the audio feature and the speed of ballot
presentation;

(M) Allow the voter to employ his or her own headset as well
as the headset provided with the ballot-marking device while being
equipped with multiple output connections to accommodate different
headsets;

(N) Have multiple-language capability; and

(O) Allow the voter to verify that:

(i) An optical scan ballot inserted into the device at the
start of voting is blank; and

(ii) The voted optical scan ballot that is produced by the
device is voted as the voter intended.

(d) The Secretary of State is hereby directed to propose rules
and emergency rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code designed to ensure that any system employed by a county under the
provisions of this section is publicly tested prior to use in
election.
Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.